Keurig Recyclable K-Cup Pods Canadian Class Action

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KEURIG K-CUP RECYCLING CANADIAN CLASS ACTION
NOTICE OF CERTIFICATION AND SETTLEMENT APPROVAL HEARING

Read this notice carefully as it may affect your rights

THIS NOTICE IS DIRECTED TO
All persons in Canada who purchased Keurig® K-Cup Pods and/or Keurig® coffee machines or brewing systems sold in Canada from June 8, 2016 to present (“Settlement Class”).

NATURE OF THE CLASS ACTION
The plaintiff commenced a proposed class proceeding in the Ontario Superior Court of Justice (the “Court”) alleging that the defendant sold Keurig® K-Cup single-serve coffee pods (“Pods”) and brewing machines in Canada beginning on June 8, 2016 that contained misleading representations as to the recyclability of the Pods. The defendant has denied all liability for this conduct and asserted that their conduct was lawful. The Court has not decided who is right. The plaintiff and defendant have reached a proposed settlement, subject to approval of the Court.

SETTLEMENT BENEFITS
If the proposed settlement is approved, the defendant will pay a total settlement amount of a CDN $1.85 million into a settlement fund. After deductions for administration expenses, class counsel fees and disbursements, the balance will be distributed to eligible Settlement Class members. Settlement Class members who properly and timely submit a valid and approved Claim Form in respect of Pods and/or Brewers would be eligible to receive a cash payment as set out below.

1. In respect of a valid and approved Claim Form containing a claim concerning Representations on the packaging of Pods:

(a) Settlement Class members who do not provide a proof of purchase of a Pod during the Class Period may receive a maximum of CAD $7.00 per claim for Pod(s) submitted; and

(b) Settlement Class members who provide a proof of purchase of at least one Pod during the Class Period may receive the greater of: (i) a maximum of CAD $0.50 for every 10 Pods (rounded up to the nearest 10 Pod increment) up to a maximum of CAD $50.00 per claim; or (ii) CAD $7.00 per claim for Pod(s) submitted.

2. In respect of a valid and approved Claim Form containing a claim concerning Representations on the packaging of Brewers:

(a) Settlement Class members who submit a proof of purchase of at least one Brewer and a proof of purchase of at least one Pod subsequent to the purchase of the Brewer, both during the Class Period, may receive a maximum of CAD $25.00 per claim for Brewer(s) submitted.

A Settlement Class member may submit a Claim Form making a claim in respect of both Pods and Brewers. All Claim Forms must be submitted within 180 days of the Effective Date of the Settlement Agreement, which date will be provided in the Notice of Settlement Approval.

SETTLEMENT APPROVAL HEARING
The settlement remains subject to approval by the Court. The motion for approval of the settlement will be heard by the Court in Ottawa on December 8, 2025 at 10:00 A.M. At this hearing, the Court will determine whether the settlement is fair, reasonable and in the best interests of the Settlement Class.

RIGHT TO OPT-OUT OR OBJECT
If you do not want to participate in the Class Action, you must complete and send an Opt-Out Form by November 28, 2025 to the Claims Administrator. If you opt-out by the Opt-Out Deadline, you may be able to bring your own lawsuit against the defendant, but you will not be entitled to participate in the settlement. Opt-Out Forms are available at www.kcupsrecyclingsettlement.ca or by contacting the Claims Administrator. All Settlement Class members will be bound by the terms of the settlement, unless they opt-out of this Class Action.

At the settlement approval hearing, the Court will consider objections to the settlement by individual Settlement Class members who have not-opted out if the objections are submitted in writing, by prepaid mail or email to Class Counsel’s address postmarked no later than November 28, 2025. Settlement Class members who do not oppose the settlement are not required to appear at the settlement approval hearing or take any other action at this time.

CLASS COUNSEL AND THE CLAIMS ADMINSITRATOR

Class Counsel
Jeff Orenstein
Consumer Law Group P.C.
150 Elgin Street, 10th Floor
Ottawa, Ontario K2P 1L4
Tel: 1-888-909-7863
Email: [email protected]

Class counsel will seek payment of their fees and costs out of the settlement fund and the amount is subject to the approval of the Court.

Claims Administrator
Eqitas Class Action Claims Administration Services
P.O. Box 402, 3484 Sources Blvd.
Montreal, Quebec H9B 1Z9
Tel: 1-866-413-9973
Email: [email protected]

This notice contains a summary of the class action and the settlement. Further details regarding the class action and the settlement can be found on the following website: www.kcupsrecyclingsettlement.ca.

If you have questions that are not answered online, please contact the Claims Administrator identified above.

DO NOT CONTACT THE COURT FOR INFORMATION

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CONSUMER LAW GROUP has launched a Canada-wide class action lawsuit against Keurig Canada on behalf of individuals who have purchased its single-use Keurig K-Cup pods, which were allegedly falsely or misleadingly represented to be environmental and recyclable. To the contrary, the Keurig K-Cup pods are not recyclable in most Canadian cities.

The Keurig K-Cup pods at issue include the following brands:

(i) 1850
(ii) Barista Prima Coffeehouse;
(ii) Bigelow;
(iii) Donut House Collection
(iv) Eight O’Clock;
(v) Emeril’s;
(vi) Folgers Gourmet Selection;
(vii) Green Mountain Coffee;
(viii) Kahlúa;
(ix) Krispy Kreme;
(x) Laura Secord;
(xi) Lavazza;
(xii) McCafé;
(xiii) Starbucks;
(xiv) Tetley Tea;
(xv) The Original Donut Shop;
(xvi) Tim Hortons;
(xvii) Timothy’s;
(xviii) Tully’s;
(xix) Van Houtte;
(xx) Private brands owned supermarket/ grocery chains;

Keurig Canada recently agreed to settle with the Canadian Competition Bureau to:

- Pay a $3 million penalty and donate $800,000 to a Canadian charitable organization focused on environmental causes;
- pay an additional $85,000 for the costs of the Bureau’s investigation;
- change its recyclable claims and the packaging of the K-Cup pods;

The Competition Bureau’s investigation concluded that Keurig Canada’s claims regarding the recyclability of its single-use beverage pods are false or misleading in areas where they are not accepted for recycling. The Competition Bureau found that, outside the provinces of British Columbia and Quebec, K-Cup pods are currently not widely accepted in municipal recycling programs.

The Competition Bureau also concluded that Keurig Canada’s claims about the steps involved to prepare the pods for recycling are false or misleading in certain municipalities. Keurig Canada’s claims give the impression that consumers can prepare the pods for recycling by peeling the lid off and emptying out the coffee grounds, but many local recycling programs require additional steps to recycle the pods.

Keurig Canada’s recyclable claims are made on its website, via social media and on text and logos on the K-Cup pods and packaging.

Keurig is also involved in class action litigation in the U.S.

- California Amended Class Action Complaint
- Massachusetts Class Action Complaint

On September 21, 2020, a California judge certified a class of “all persons who purchased the Keurig’s recyclable K-Cup pods in California from June 8, 2016”.

If you or someone you know has bought one or more single-use Keurig K-Cup pods and you wish to receive more information on potential compensation or to be kept advised of the status of the Keurig Recyclable K-Cup Pods Canadian Class Action litigation or any resulting compensation resulting from this Class Action lawsuit in Canada, Ontario or Quebec, please provide your contact information to our law firm using the form below.

IF YOU WISH TO JOIN THE CLASS ACTION OR TO SIMPLY GET MORE INFORMATION, PLEASE COMPLETE THE FORM BELOW. Please note that providing your information creates no financial obligation for you. You are not charged any fee or cost for joining this class action. Our law firm is paid a contingency fee from the compensation recovered, only if the class action is successful. All information contained in this transmission is confidential and Consumer Law Group agrees to protect this information against unauthorized use, publication or disclosure.